The Family of Reuben Phelps, Son of James Phelps of
Caswell County N.C.

By: Latham Mark Phelps 2006

Based on documents acquired at Halifax, Virginia
Courthouse 12-29-2005, and years of prior research on the Phelps family.
I would like to thank my father, Wilford Latham Phelps, who accompanied
me on this research trip and has been a tenacious and tireless partner
when it comes to family history. My thanks to my 4th cousin, Doug Phelps
of New Bern, N.C., for providing the first clue as to Records
identifying Reuben and his son Isham Phelps in Halifax County, Va. We
had tried for years to place Isham Phelps in our Phelps family, as had
other researchers and thanks to Doug's clue we now have many of the
answers.

Reuben Phelps was a named Son in the Will of James Phelps in 1785. James
Phelps was the progenitor of the Phelps family in Caswell and Person
Counties, N.C. James and his wife Mary (last name unknown, Bateman has
been used by many researchers but we have no documentation for this) had
the following children:

Before we begin the story of Reuben Phelps, I feel it necessary to
provide some history of the Phelps Family and their neighbors in late
1700's Caswell County.

James Phelps' first recorded appearance in NC was his land entry in
1778:

" Land entry #781. James Phelps enters 320
acres of land joining the line of Ann Smith of the Virginia line
of the north side of Mill Creek including his improvement. 20th
Nov 1778"

It was entered by James and Nathaniel Pass (NC
Archive Land Entry Book CR020.404.1) --- James Phelps received a Land
Grant from the State of North Carolina in 1779 ( the survey was
conducted in 1778) for 292 acres, signed by Governor Richard Caswell,
for whom Caswell County is named. This property was located on the
"waters of Country Line Creek" and adjacent the "Provence Line of
Virginia" and Nathaniel Pass' line and Anne Smith's line”. Nathaniel
Pass was the father of Mary Pass, who married James Phelps son Thomas
(my direct ancestor). Anne Smith was either the mother or grandmother of
Willis Buckingham Smith, who married James Phelps daughter Lucy. James
Phelps formed a rectangle that was 45 Chains wide and 65 chains long or
2970 feet wide by 4290 feet long. One chain equals 66 feet and each
chain contains 100 links. A measurement of 80 chains would equal one
mile.

James Phelps Caswell County 1779
Page 404
State of North Carolina No. 277

Know ye that for and in consideration of the sum of fifty shillings for
every hundred acres hereby granted paid into our Treasury by James
Phelps have given and granted & by these presents do give and grant unto
the said James Phelps his heirs and assigns forever a tract of land
containing two hundred and ninety twoacres lying and being in the County
of Caswell. On the waters of Country Line Creek beginning at a white oak
on the Provence Line of Virginia, thence south sixty five chains to a
red oak on Nathaniel Pass's line, thence his line west forty five chains
to a red oak on Ann Smith's line, thence her line north sixty five
chains to a pine on the Provence line, thence the Provence line east
forty five chains to the first station. As by the plat here unto annsaid
doth appear with all the Woods, Waters, Mines, Minerals, hereditaments
and appurtenances to the said land belonging or ascertaining. To hold by
the said James Phelps, his heirs and assigns forever. Yielding and
Paying to us such sum of money yearly To all that these presents shall
come greeting:

or otherwise as our General Assembly from time to
time may direct. Provised always that the Said James Felps shall cause
this Grant to be registered in the Register's Office of our said County
of Caswell within twelve months from the said date hereof, otherwise the
same shall be void and of no affect. In Testimony hereof we have caused
our Grant Seal to be hereby affixed. Witnesses, Richard Caswell Esquire
and Governor, Captain General & Commander in Chief at Kingston the
Twentyeth day of December in the fourth year of Our Independence & in
the year of our Lord One Thousand Seven Hundred and Seventy Nine.

By His Excellency's Com. R.C. Caswell
J.R. Franck Sec.

Transcribed by: Latham Mark Phelps 2003

James Phelps Land was on the East side of the Country Line Creek in
Caswell County just across the Creek from the future Town of Milton,
N.C. His property was bordered on the West by the lands of Anne Smith,
on the East, by Shadrack Hudson, on the South by Nathaniel Pass Sr. and
on the North by the Virginia Line. To the East of Shadrack Hudson were
the lands of John Warren, whose daughter Jane married James Phelps' son
William. James's son Thomas, married Nathaniel Pass Sr.'s daughter Mary
and James Phelps' daughter Lucy married Willis Buckingham Smith, the son
or grandson of Anne Smith. Anne Smith acquired her property in the year
1760 from "the Right Honourable John, Earl of Granville by deed bearing
date the second day of August in the year of our Lord, One Thousand
Seven Hundred and Sixty & registered in the Registers Office in Caswell
County aforesaid in Book E Page( blank)”. This passage is from a Deed
from James and Anne Reiley (Anne Smith's daughter and son-in-law) of
Caswell County, N.C. to William Thomas Sr. of Pittsylvania County, Va.,
in 1779 (Caswell Co. Deed Book A--Page 115). Ironically, This Deed was
witnessed by my 6th Great-Grandfather Andrew Haddock, as well as by
Charles and John Boulton. This property consisted of 50 acres "Beginning
at Benjamin Merritt's corner White Oak on the Virginia Line, and on the
West side Country Line Creek".

William Thomas Sr. of Pittsylvania County, Va. had a son, Asa Thomas who
is widely credited as being the Father of Milton, N.C. Quoted from The
Caswell County Historical Association's (CCHA) website. " The town of
Milton in northeast Caswell County was incorporated in 1796 as a center
for warehousing and inspecting tobacco and flour. It was a natural site
with a fine location on the Dan River. The property of Asa Thomas was
selected. Because the new town was to have been located near the mill
owned by Asa Thomas, it naturally was named Milltown or Milton." This
mill was originally built by Benjamin Merrit and later sold to Anne
Smith. If Asa Thomas was the Father of Milton, N.C., Then Anne Smith was
the Grandmother of the town of Milton as it is situated on the land
previously owned by her.

CCHA"S Newsletter VOL.XXVI, Number 2 Pg. 2 April 2003 states: " Mrs.
Anne Smith, had written her will Sept. 17, 1783 and grandson AMASA SMITH
who had been named an executor failed to bring it into Court until
January Court 1792. The CCHA was not aware in 1985 when we published the
first HERITAGE that Mrs. Smith was also the grandmother of the town of
Milton., founded in 1796, oldest in the County. While investigating the
200th anniversary, we discovered that Milton began with the sale of a
mill on Country-Line Creek where the Dan River flows by and separates
Caswell from Pittsylvania and Halifax Counties over the line in
Virginia. Benjamin Merritt, whose descendants in Person County (cut off
from Caswell in 1792) reported in the HERITAGE OF PERSON COUNTY I. "He
came down from New York" and secured a Granville Grant of many acres on
both sides of the Dan River in two colonies. Benjamin built a mill,
which he sold to Mrs. Anne Smith ca.1757 with acreage over 50 in the
tract, more than enough to start a flourishing frontier town. From Mrs.
Smith's will we gather that in addition to the wheat and corn-grinding
and rough-sawn lumber production, she also had a grog-shop. This hostess
with the mostest had several daughters whom she remembered fondly and a
son Willis Buckingham. We do not know if she remembered that her
daughter Anne and husband James Reiley had sold her mill to William
Thomas, Sr. in 1779. It was listed by one of the Thomas sons in the 1784
Census. She mentioned that she had two mills and two plantations, so we
find grandson MACE STOKES, alias Mason Smith, alias Mase/Massie and
several other variations, presiding over a cluster of interesting
pioneers about whom we have had too little information. Due to the fact
that family members were separated into Person County, their records
must be searched in both Caswell, Person and Orange in North Carolina
and maybe their descendants can report with the Merritts that they have
at last found his home tract (in Halifax County, Va., not too far from
Milton). A few stray facts about the cluster could. begin with the PASS
family who lived near Milton. Over in Person County, a Merritt
descendant owns an old Pass house with a Thomas Day mantelpiece. Milton
is famed for its antique commercial row today and for the fact that it
was the location of Thomas Day of the famed free-black family of
cabinet-makers who came to Milton from Warrenton ca.1824 and started a
business, which remains unique in our state's history. Fortunately, the
Day residence and shop are being restored by donations and grants."

In 1791 William Thomas Sr. of Pittsylvania County, Va., (Caswell Co.--
Deed Book G--Page 17) sold to his Sons, Phillip Thomas of the County of
Caswell and State of N.C. and Asa Thomas of the County of Pittsylvania
and State of Virginia, "in consideration of the natural love and
affection, which he hath and beareth unto the said Phillip and Asa
Thomas, his Sons." The Deed further states "unto the said Phillip and
Asa Thomas, one Mill and Millseat on Country Line Creek in Caswell
County---which are to be equal Shares of and Partakers in the said
Mill---Peaceably and Quietly have, hold and enjoy the said Mill and
tenements except the Grinding of my Grain for my own Family use. Toll
free during my life and the life of Joyce Thomas, my wife." This Mill
was of historical significance to this area of Caswell County and the
Town of Milton as it provided a necessary service to the early settlers
of Caswell County. Settlers needed Grist Mills to turn their crops into
food to feed their families and slaves. It became the nucleous and hub
of activity that led to the founding of Milton in 1796. I'm sure the
Phelps family and their neighbors brought numerous loads of grain, wheat
and corn, to be turned into meal and flour to sustain their families and
the survival of future generations of these families to carry their
legacies into the future.

Three of James Phelps sons, Larking, Obediah and Ambrose, went to
Pulaski County, Kentucky ca.1806. We know much about these three as;
they have been researched by their Kentucky descendants. There were many
families from Caswell and other counties in N.C. that migrated to the
"frontier" lands of Kentucky and Tennessee during this time. Along with
the three Phelps brothers there were members of the Dye, Earp, Wesley,
and Randolph families that made the arduous trip to Kentucky together.
In 1800 there were only two states west of the Appalachians — Kentucky
and Tennessee. After several treaties with the Indian tribes, the
Federal Government were ready to welcome mass settlement in these
Western States. In 1786 My 6th Great-Grandfather, Andrew Haddock of
Caswell Co. was given a Land Grant from the State of N.C. in "our County
of Davidson" for his service in the Revolutionary War. The County of
Davidson at this time stretched from the Piedmont of N.C. to the
Mississippi River as Tennessee was not a State until 1796. Kentucky was
a Territory of Virginia until becoming a State in 1792.

James' eldest son William, who was named Executor of James' Will,
remained in N.C. and died in 1824.William Phelps obituary appeared in
the 1824 Raleigh Register and stated that he was a Veteran of the
Revolutionary War. James' son Thomas (my 3rd Great-grandfather) remained
in Caswell County until moving to neighboring Person County around 1826,
where he died in 1849. I will write the story of Thomas Phelps at a
later date.

Last Will and Testament of James Phelps
March 5th 1785- Will Book B Page 155
Caswell County, North Carolina

In the Name of God Amen I James Phelps of Caswell County Province of
North Carolina being Weak of body but of Perfect Sense and Memory do
make and Declare this my last will and Testament in Manner and form
following

First I Recommend my Soul to Almighty God Who gave it me, hoping to
receive it again at the Last day in a Joyfull Resurrection. My body to
be Buried in a Christian like Manner as for What Worldly Estate it has
Pleased God to Bless me with after my Funeral Expenses & Just debts are
paid I order and dispose of the following manner,

1st-- I Give and bequeath to my Son William Fifty Pounds Currant money
to be paid out of my Estate.

2nd-- I lend the Remainder Part of my Estate With my land to my Beloved
wife Mary During her natural Life or Widowhood She raising my children
out of it as I have heretofore done.

3rd-- I Give and Bequeath after my Wifes decease to my Youngest Son
Ambrose that part of my Land Lying on the North side of the Branch being
the part whereon I now live.

4th-- I Give and bequeath to my Next youngest son Obadiah the other part
of my land to him and his heirs only my mother to have her Lifetime
thereon if She Chooses.

5thly-- The Remainder Part of my Estate after my Wifes decease I Give to
be Equally divided Among the Rest of my children to wit Reubin, Thomas,
Larkin, Lucy, Betty, and Patty. If my Wife should marry then to be
Equally divided among my Six Children Reubin, Thomas, Larkin, Lucy,
Betty and Patty and my Wife.

6thly-- My Will and desire is that if Either of my Eight youngest
children should die Without Lawfull Issue that their part be Equally
divided amongst the Survivors
of them.

7thly-- And lastly I appoint my beloved Wife Mary my Executrix and my
Son William my Executor to this my last Will and Testament. In witness
Whereof I have hereunto Set my hand and Seal this fifth of March 1785

{ Seal}

Signed Sealed & Delivered in the presence of }
Shadrack Hudson, Wm Cromwell, James Williamson

Caswell County October Court 1788
This Will is was duly proved in open Court by the Oaths of Shadrack
Hudson, John Phelps, William Cromwell and in the manner as entered of
Record upon the
Minutes of this Term and Ordered that the said Will be admitted to
Record.
Test AE Murphy Clk.
Executors gratified

WILL TRANSCRIBED BY: Latham Mark Phelps -- March 2004

Rueben Phelps, Son of, James Phelps and Mary (Unknown), resided in
Caswell County, N.C. in the late 1700's. He is listed in the 1st Federal
Census in 1790 along with his mother Mary and his brother Thomas. They
are listed in the Richmond District of Caswell County, which is located
at the northeast corner of Caswell. The Richmond District is bordered by
Virginia to the North and the future Person County line to the East.
This District also includes the future Town of Milton. His father James
had died about five years earlier, so Mary his mother was now head of
household. Reuben and his brother Thomas were old enough to be listed in
the Census, but perhaps not the younger children. His Brother William
was Listed in The St. Lawrence District which was just across the soon
to be Person County line. William had already been deeded property by
his father-in-law John Warren in 1787. His brother Thomas would marry
the very next year to Mary Pass, a daughter of Nathaniel Pass, whose
property adjoined the James Phelps tract.

On September 23rd, 1797, his brother Thomas Phelps of Caswell County,
N.C., purchased 100 acres of land in Halifax County, Va. from John
Connally of Halifax County, Va. (Deed Book 17--Pages--524, 525). This
property adjoined the properties of George Connally, William Wesley,
William Taylor Sr. and Septimus Taylor and the said Thomas Phelps. This
Deed was witnessed by, Benjamin Snead, Nathaniel Pass (Thomas Phelps
Father-in-Law) and Septimus Taylor. Many of these family names also
appear in Caswell County Records in the Milton area, Richmond District
of Caswell County.

On January 22nd, 1803, Thomas Phelps of Caswell County, N.C. sold to
Reuben Phelps of Halifax County, Va., 100 acres of land in Halifax
County, Va. (Deed Book 19--Page 435). This property adjoined the
properties of Robert Lewis, Sarah Wesley, William Taylor Jr. and
Elizabeth Taylor. There were no signed witnesses on this deed except for
John Wimbish-Clerk of Halifax Co. Although the Deed states that Reuben
Phelps is "of Halifax County Va.", this is the first land purchase
recorded for Reuben in Halifax County Records. My assumption is that
Reuben was probably living with his wife's family or relatives in
Halifax until he made this purchase. His wife remains unknown at this
time, she had died at the time of his Will in 1837 as he did not mention
his wife in said Will. He clearly had children at this point as his son
Isham, who we know from Census Records--Caswell County 1850--Isham is
shown as 60 years old which would put his birth around 1790. A wife
whose family was in Halifax County, Va. would make clear sense as anyone
who has researched the area knows that the only thing separating Milton,
N.C. and the Halifax County, Va. Line is the Dan River. Our families
sometime held properties that were in Caswell Co. and Halifax Co. if the
property encompassed both sides of the border. The property line was a
little hazy in those days and people paid taxes in N.C. and Va. during
these time periods.

On October 20th, 1813, Sarah Wesley, Shadrach Dye and Alinor his wife,
William Williams and Elizabeth his wife, Sarah Wesley Jun. and Kitturah
Wesley, sold 42 acres of land to Reuben Phelps of Halifax Co., Va. (Deed
Book 25--Pages 227,228). This property adjoined the properties of Robert
Lewis, Rueben Phelps, Shadrach Taylor, Richals Line formerly Lewis's
Line. This Deed is witnessed by:Shadrach Taylor, William Taylor,
Alexander Kent and Isham Phelps (Son of Rueben Phelps) The Deed is
signed by Sarah Wesley, Shadrach Dye, William Williamson, (spelled
Williams in Body of Deed), Elizabeth Williamson, Sarah Wesley Jr. and
Kitturah Wesley. All the signers made their marks on the deed, which may
explain the misspellings as Wesley is spelled Westley in some places and
Williams as Williamson etc. The Wesley's and Dye's families were part of
a migration to Pulaski County, Ky. which included three brothers of
Rueben Phelps, namely Obediah, Larkin, and Ambrose Phelps who all
married Dye sisters in Caswell Co, N.C. in the late 1700's. Again more
families associated with both Caswell and Halifax..

On March 30th, 1821 in Person County, N.C., (adjacent to Halifax County
Va.) Reuben Phelps is listed as a buyer at at the Estate Sale of James
Hamblett. Just above Rueben Phelps' name you will see Martin Phelps.
They are listed under the section of "Sums under $5.00" This Martin
Phelps has always been a mystery to me which has now been cleared up. In
fact he was a Son of Reuben Phelps, which I will cover in greater detail
later. Note the other family names that appear at this sale. Again
appear Caswell and Halifax families--Hamblett, Stanfield, Oliver,
Connally, Williams and Phelps.

To view the Post of this Estate, Copy & Paste the below URL into your
browser to go to the list of the sale
http://ftp.rootsweb.com/pub/usgenweb/nc/person/wills/hamlet03.txt

Reuben Phelps named five children in his Will, Isham, Delpha, Sarah,
Martha and Rachel. He in fact had at least six children. Another Son,
Martin Phelps died in 1825, twelve years before Reuben made his Will in
1837. Martin Phelps brother Isham Phelps was the executor of the Estate
of Martin Phelps as their was no Will to be found in Halifax County
Records, yet luckily there was a record of the Estate sale (Halifax Co.
Va. Will Book 14 Pages 41-45) which supplies us with information about
him. Purchasers at his Estate sale held on October 25th, 1825 were,
Reuben Phelps, William Brandon Sr., Daniel McDowell,Thomas Preston,
Charles D. Taylor, Spencer Ball, Thomas Phelps, Isham Phelps, Salley
Phelps, Thomas L. Brandon, Benjamin Hale, John P. Phelps, Nathaniel G.
Kent, Hazdill Butt and Welcome Leonard? His personal property was valued
at $115.45 prior to the sale. I could not find or failed to copy the
totals from the proceeds of the sale.

At a Court held for Halifax County the 28th day of March 1826, The
Within Written Inventory and appraisement of
the Estate of Martin Phelps, Decd. was returned to Court and ordered to
be recorded.
Test: Samuel Williams C.H.C.

TRANSCRIBED BY: Latham Mark Phelps 2006

The following people purchased items at Martin Phelps estate sale:

Halifax County, Va., Will Book 14-Page 43-45
A copy of Sales of the property of Martin Phelps estate, deceased
October 25th 1825

Reuben Phelps – To one Scythe and Cradle - $1.25, To one lot of Tools -
$2.00, To half of one Cross Cut Saw - $5.00.

William Brandon, Sr. – To one Frow - $0.35, To one lot of Augers and
D-knife - $0.65

Thomas Preston – To one hand saw - $0.62 ½ , To one lot of Tools -
$0.65, To one lot of Tools - $0.40, To one lot of Chisels - $0.30, To
one flour Barrel $0.12 ½, To one musket gun - $0.95, To one riffle gun -
$15.00.

Daniel McDowell – To one tennant saw - $0.80, To one Small Axe - $0.65m
To one lot of Tools - $0.70, To one Jointer - $0.50, To one Jointer -
$0.65, To one Bed plane - $1.25, To one Small plane - $1.40, To one pole
axe - $1.55, To one Whip saw - $1.50.

Charles D. Taylor – To one lot of Tools - $1.12 ½, To a Parcel of Shaves
- $0.20

Spencer Ball – To one lot of Tools - $0.12 ½, To one Hog - $2.10, To one
Hog - $2.60, To one Bee Gum - $0.85, To one Sow Hog – $2.50

Thomas Phelps – To one lot of Tools - $0.12 ½, To one broad Axe, To one
Iron Square - $0.55, To one lot of Chain at 53 cts each - $2.12

Isham Phelps – To one lot of Tools - &0.60, To two Jugs - $0.25

Welcome Leonard – To one Pole Axe - $.036

Hazdill Butt – To one lot of gimlets - $.025, To one bottle and Jug -
$.012 ½

Salley Phelps – To one Small Skillet - $0.10, To one Skillet - $0.50, To
one Pot - $0.50, To one lot of Water Vessels - $0.25, To one Water Pail
- $0.30, To one Table - $1.00, To one set of knives and forks - $0.80,
To one Tray and Sifter - $.060, To one pair of Cotton Cards - $0.60, To
two bowls - $0.20, To one set of Cups and Saucers - $0.30, To one set of
tea Spoons - $0.20, To one set of Table Spoons - $0.25, To one Water and
Pepper box - $0.40, To one Set of Plates and Dishes - $0.25, To one
Coffee Mill - $0.50, To one Coffee Pot - $0.25, To one quart Decanter -
$.055, To one small Decanter - $0.21, To one set of flat Irons - $0.30,
To one Cotton Wheel - $2.30, to one small Table - $0.80, To one Rocking
Cradle - $0.25, To one Chest - $2.00, To one Bed and furniture and Stead
and Cord - $12.25, To one Bed and furniture and Stead and Cord - $6.00,
To one Bee Gum - $1.60. To one Bee Gum - $0.50

At a Court held for Halifax County the 29th day of March 1826, The
Within Written account of Sales of the Estate of Martin Phelps Decd, was
returned to Court and ordered to be recorded.
Test: Samuel Williams—C.H.C.

Key people involved in the Estate sale, His Father Reuben, His Uncle
Thomas Phelps, William Brandon Sr--a security with Isham Phelps to
Excecute the Estate, His Brother Isham, Thomas Preston--signed Rueben's
Will in 1837 and perhaps his Brother-in-Law, Salley Phelps--could be his
Sister or Wife as both were named Sarah for which "Sally" was a commonly
used nickname during this period. I think probably the Wife.As for John
P. Phelps who purchased at the Estate Sale I haven't placed him yet

As to my assumption that Salley Phelps was the Wife and not the Sister,
Salley purchased most othe the kitchen items and household goods she
might need to maintain the home. I fell that Salley Phelps was in fact
Salley Preston Phelps, Sister of Thomas Preston--who signed Rueben's
Will in 1837 and was a purchaser at the sale. I believe Salley Preston
Phelps was the Daughter of David Preston and Rebeccah Brandon who
married in Caswell County, N.C. on August 20th, 1787 (Caswell County
Marraige Bonds). Rebeccah Preston in her Will (Will Book 21--Page 614
Halifax Co., Va.) of September 3rd, 1844, named a Daughter--Sally Phelps
and a Son--Thomas Preston and her will was signed by Reuben M. Phelps, a
named Grandson of Rueben Phelps Will. David Preston was involved in
other land transactions with members of our Phelps family in Caswell
Co., N.C. as well. The Brandon-Preston-Phelps family connection solves a
mystery I have pursued for some time as to early deeds in Caswell
County, N.C. between David Preston, Shadrach Hudson (who signed James
Phelps Will), and members of Phelps family in Caswell. Brandon marraiges
in Caswell show up further connections with this saga in Halifax Co.,
Va.

Isham Phelps, Son of Reuben Phelps Sr., served in the War of 1812. In
the Book, “When the Past Refused to Die” by William S. Powell, comes the
following the following reference about the War of 1812. “Federal
pension rolls of 1883 reveal that one Caswell County Veteran of this war
and nine widows each received $8.00 a month. The veteran was Jas. P.
Foster of Milton, while the widows were Bethsheba Ferguson, Arabella
Gee, and Elizabeth Phelps”. The only Elizabeth Phelps living in the
Milton area during this time would be Elizabeth “Betsy” Moore Phelps,
second wife of Isham Phelps.

In 1837 Rueben Phelps made his Last Will & Testament. The following is a
Transcript of the Will which was not probated until 1841.

Last Will of Reuben Phelps
January 24th 1837
Halifax County, Virginia
Will Book 18 Pages 197,198,199.

In the name of God, Amen, I Reuben Phelps of the County of Halifax State
of Virginia being weak in body but of perfect mind and knowing that it
is allotted for all men to die & feeling desirous that all my worldly
affairs may be secure in peace and tranquility do hereby make this my
last will and testament in manner and form following Viz.,

In the first place I will and bequeath my Soul to God who gave it to me,
and my body to the grave in decent burial and as concerning my worldly
affairs I will and bequeath as follows,

First-- I give to my loving Son, Isham Phelps a certain parcel of land
to be taken off my tract of land lying on the North side my Spring
branch, beginning at the corner poplar Stump between me and William
Ervin and to run up the Spring branch to a large red Oak near my spring,
then a straight line to a large Mulberry on the line near Rebecca
Preston's. to have and to hold during his natural life, but if he should
die without a lawful heir, my will is that said land shall belong to my
grand Son, Levi Phelps.

Secondly-- My will is that the balance of my land shall belong to my
four daughters Viz., Delpha Phelps, Sarah Phelps, Martha Phelps and
Rachel Phelps, to live upon & have during their natural life and if
either of them should die without a lawful heir, the rest to have the
said land and if they all should die without a lawful heir my will is
that said land shall belong to my my grand Son, Reuben M. Phelps.

Thirdly-- My will is that my five children a bed & furniture apiece and
that they shall have all the provisions such as Corn Meal & Wheat to
live upon and all my stock of Cattle, Hogs and Sheep and two Mares.

Fourthly-- My will is that Delpha Phelps shall have a Negroe boy Hiland,
during her natural life and if she should die without a lawful heir said
Negroe to belong to the balance of my surviving children.

Fifthly-- My will is that my daughter Sarah Phelps shall have a Negroe
girl Fanny to have during her natural life, but if she should die
without a lawful heir, said Negroe to go to my surviving children.

Sixthly-- My will is that my daughter Martha Phelps shall have a Negroe
boy Dennis, to have during her natural life, but if she should die
without a lawful heir, said Negroe to go to my surviving children.

Seventhly-- My will is that my daughter Rachel Phelps shall have a
Negroe boy Elijah, to have during her natural life, but if she should
die without a lawful heir, said Negroe to go to my surviving children.

Eighthly-- My will is that my other three Negroes Viz., Lucy and her
child Henry and Fanny's child Caroline, shall stay with my children on
the Plantation during their natural lives.

Ninthly-- My will is that all my Working Tools shall remain on the
Plantation for the benefit of my daughters during their natural lives
jointly.

Tenthly-- My will is that my grand Son, Levi Phelps shall have a bay
Colt that was two years old last Spring.

Eleventhly and Lastly-- my will is that after the death of all my
children, that the whole of my Property that I have named in the above
Will shall be equally divided between my three grand Children Viz.,
Nicey M. Oliver, Reuben M. Phelps and Levi Phelps.

I hereby make and appoint my loving and trusty Son, Isham Phelps, my
lawful Executor to transact & settle up my estate. In witness of which I
have hereunto set my hand & Seal this the 24th day of January, A.D.
1837.
his
Rueben x Phelps {Seal}
mark
Signed Sealed & Delivered In Presence of :

Leighton Tarpley
Thomas Preston
Josiah Oliver

At a Court held for Halifax County the 22nd day of May 1837, the within
written last will and testament of Reuben Phelps dec'd., was exhibited
in Court & proved by the Oaths of two witnesses and ordered to be
recorded.

Test: Wm. Holt CHC

At a Court held for Halifax County the 24th day of July 1841, On the
Motion of Isham Phelps the Executor therein named who made Oath there to
according to Law and together with John Adams & Lewis Smith, his
Securities, entered into and acknowleged a bond in the penalty of $4000,
conditioned according to Law certificate is granted him for obtaining
Probate of the said Will in due form Examined.

Test: Wm. Holt CHC

TRANSCRIBED BY: Latham Mark Phelps
December 31st, 2005

Reuben Phelps named five children, Isham, Delpha, Sarah, Martha, Rachel
and three grandchildren, Nicey M. Oliver, Rueben M. Phelps and Levi
Phelps in his Will. Two of his children, Isham and Martha are of
particular interest as they played significant roles in the aftermath of
Rueben's death. Isham Phelps who was appointed the Executor of Reuben's
will became embroiled in a lawsuit or Chancery case as estate disputes
were called in Virginia, with the grandson of Rueben, Levi Phelps who
was the son of Martin Phelps.

Mr. Martin at the Halifax Co., Va. Courthouse discovered a Chancery case
while I was gathering documents there, which held numerous "original"
documents. I reviewed these documents with great excitement, which
contained statements from the parties involved, tax receipts, court
opinions and even an old newspaper clipping about the Case. I am having
Mr. Martin copy the entire file and will include it at a later date,
however I did copy the document where Levi Phelps appealed to the Court
and stated his case in 1849.

To the honourable William Leigh, Judge of the Circuit Superior Court of
Law & Chancery for the County of Halifax. Humbly complaining, showeth to
your honor. your Orator Levi Phelps that his father Martin Phelps
departed this life some time in the year 1825 Intestate, leaving a widow
Sarah Phelps and your Orator his only child surviving him. That at the
August term at the County Court of Halifax in the year aforesaid, Isham
Phelps obtained letter of administration on the estate of the said
decedent and in that character executed his bond with William Brandon
Sen., his security to Isaac Medley, Granville Craddock, Chas. T. Harris
& John K. Linn, Justices of the said County Court of Halifax,
conditioned according to law for the due and faithful administration of
the estate. A copy of said bond certified by the Clerk of the said
County Court of Halifax is herewith exhibited as part of this bill. Your
Orator charges that the said Isham Phelps has returned no Inventory of
the said Estate and has rendered no account thereof ; and when applied
to by your Orator (who has recently arrived at the age of twenty one
years) refused to make any settlement with him and to pay over his
portion of the Estate. To the end therefore that the said Isham Phelps,
Adm. of Martin Phelps decd. and William Brandon Sen., his security and
the said Sarah Phelps, the widow of Martin Phelps decd., may be made
defendants to this bill and required to answer the several allegations
thereof, that the said Isham Phelps may be required to render before the
Commissioner of this Court, an account of his administration of the
Estate of Martin Phelps decd. and that he the said William Brandon Sen.,
his security may be decreed to pay to your Orator his due proportion of
the said Estate ; and that your Orator may have such other & further
relief as the case may require and to Equity may seem meet : May it
please your Honour to grant the Commonwealth's writ of Subpoena.

Transcribed By: Latham Mark Phelps 2005

It is curious indeed that Levi Phelps claims that Isham has provided no
Inventory or Account of Martin Phelps estate, as there was an estate
sale held and an inventory of his personal property, both occuring on
October 25th, 1825 (Halifax Co. Va. Will Book 14 Pages 41-45). They were
recorded, five months later, in Court on March 28th and March 29th of
1826. Levi even names his mother, Sarah, as a defendant in the lawsuit.
Levi states that he is the only child surviving Martin Phelps in 1849.
Rueben Phelps, Martin's father, named two other grandchildren in his
will, Nicey M. Oliver and Reuben M. Phelps. Nicey was recorded in the
1860 Census along with her husband Josiah Oliver. Reuben M. Phelps made
a Deed to Martha Phelps, daughter of Rueben Phelps Sr., on May 15th,
1850. ( Halifax Co. Va. Deed Book 53 Pages 518-519). On August 29th,
1857, Martha Phelps names Nicey M.Oliver and Reuben M. Phelps in her
Will (Halifax Co.Va. Will Book 30 Pages 353,354). Clearly Nicey and
Reuben M. were living in 1849, so if Levi's claim of being the "only
child surviving him" is correct then Nicey and Reuben M. were children
of another son or sons of the elder Reuben Phelps. Levi Phelps states
that he has "recently arrived at the age of twenty one years" which
would put his birthdate around 1827-1828, yet the is no date shown or
mentioned as to when the deposition was written as clearly he would have
to have been born prior to his father Martin Phelps death in 1825. Nicey
M. Phelps married Josiah Oliver in Caswell Co. N.C. in 1834 and assuming
she was approximately 20 years old at the time of her marraige, this
puts her birth date around 1814. She is shown as 42 yrs. old in the 1860
Halifax Va. Census and as 50 yrs. old in the 1870 Halifax Census which
gives us a range of birth from 1818-1820. Reuben M. Phelps is shown in
the 1860 Census of Halifax as 38 yrs.old, which would give him a
birthdate around 1822.

There is one member of the Phelps family in Caswell County, N.C. that
remains unidentified. Robert Phelps left records in Caswell County in
the late 1700's and then seemed to disappear from Caswell records.

In a Deed on August 15th.,1849 (Halifax Co. Va. Deed Book 53 Pages
248-249) Josiah Oliver (husband of Nicey M. Phelps) deeds to Martha
Phelps (daughter of Reuben Phelps Sr.) " all of my right title claim
interest and demand in and to the whole of Robert Phelps deceased, which
said Robert Phelps willed to my wife Nicey M. Oliver after the death of
his children". Martha Phelps (daughter of Reuben Phelps Sr.) made a
concentrated effort to consolidate the Estate property from many of the
devisees of Reuben Phelps Sr. in the years after his death which I will
cover in greater detail later. The name in the deed from Josiah Oliver
to Martha Phelps is clearly spelled "Robert" Phelps with a crossed T in
both instances. Although it would logically appear that this would be
the Estate of "Rueben" Phelps Sr., as in his Will he stated :"
Eleventhly and Lastly-- my will is that after the death of all my
children, that the whole of my Property that I have named in the above
Will shall be equally divided between my three grand Children Viz.,
Nicey M. Oliver, Reuben M. Phelps and Levi Phelps." Was this a
misspelling by the Court Clerk or was it a clue to the father of Nicey
M. Phelps ? We have established that Nicey and Reuben M. were certainly
living in 1849 when Levi Phelps (son of Martin Phelps) claimed to be the
"only child surviving him". This leaves us with the question of who were
the parents of Nicey and Reuben M. ? To be named grandchildren of Reuben
Phelps Sr. they had to come from a male child of Reuben as they both had
Phelps as a surname. The only known male children of Reuben Sr. at this
time are Martin Phelps (father of Levi Phelps) and Isham Phelps. Could
they have been older children of Isham's that stayed in Halifax Co Va.
and weren't mentioned in later census records of Caswell Co, N.C.

Martha Phelps, daughter of Reuben Phelps Sr., must have been a shrewd,
business minded woman as she purchased her deceased father's assets from
several of the Devisees of her father's Will. As you will see she seems
to do this to preserve her father's assets until her death, and then to
return these assets to the same people in her Will. Martha and her
sister Rachel appear to have never married and are listed in later
Census records living together at advanced ages with their surnames
still being listed as Phelps. Martha Phelps made purchases of Property
and of right, title and interest in her father Reuben Phelps Sr.'s
Estate.

Whatever her motives for preserving these segments of her father, Reuben
Phelps Sr.'s estate remain to be seen, however in her Will written
August 29th 1857 (Halifax Co., Va. Will Book-30-Page 353), and Probated
on January 22nd 1872, She willed these properties back to the original
parties except for Thomas Preston. To Josiah Oliver and Nicey M. Oliver
she lends "his interest in his brothers Robert and John Oliver's and my
father Reuben Phelps estate" and "two tracts of land, one bought of
Alexander Kent of 48 acres and one of Thomas Preston of 50 acres". To
Reuben M. Phelps she lends " his interest in my father Reuben Phelps
estate". She gives to Isham Phelps and Levi Phelps "one dollar each”. To
Robert P. Oliver she gives " one feather bed and furniture extra". To
Fielding K. Phelps she gives "one feather bed and furniture". Finally
she states "the balance of my and effects to remain with my surviving
Sisters during their natural lives, and after their deaths, I acquit
Josiah Oliver's heirs and Reuben M. Phelps heirs to equally divide among
them all". Her will was witnessed by: Bevin M. Oliver and Calvin C.
Oliver. I think she was angry with Isham and Levi Phelps over the Court
Case between them. Perhaps she thought they were making a public
spectacle of her Phelps' family name and is why she only left them "one
dollar each"

Thomas Preston, brother in law of Martin Phelps, brother of Salley
Preston Phelps, left a will on January 1st, 1866.(Halifax Co., Va.-Will
Book-29-Page-234). In his Will he left to his nephew Levi Phelps “ I
will and bequeath to Levi Phelps, five dollars to be paid him in Money”.
To his sister Seama Hall he leaves “I will and bequeath to Sister, Seama
Hall, one half of my Estate afyer my death, during her life time and
after her death, my wish and will is that all of the Property willed to
her shall be divided equally between Jas. Henderson Hall and his sister
Mary T. Hall”.He further leaves “I will and bequeath the other half of
my Estate to Thomas Tarpley’s first wife’s children, Betsy Preston, that
was and my will and if none of the children should be living at my
death, then my wish and will is that their Portion of Property willed to
them, Shall go to my Sister, Seama Hall, if she shall be living and if
she should not be living at the time, my will is that Jas. Henderson and
his Sister, Mary T.Hall to have that Portion of Property”. He named
Executors. Thomas L. Brandon and John Foster and the Will was witnessed
by John B. Powell and Bevin M. Oliver. James D. Clay, Halifax Co. Clerk
probated the Will on June 25th, 1866.

Below are some Census Listings from Halifax Co., Va. with the Phelps and
related families shown

The value of Martha Phelps holdings had increased significantly after
she had consolidated parts of her father’s estate. With her Real and
Personal Property combined she was worth nearly $10.000 dollars, which
made her the wealthiest Phelps in Halifax Co., Va. in 1860. In 1850 it
was $840.00 and after the Civil War she and her sister Rachel showed a
combined value of $1120.00.

Now we continue on to Isham Phelps, after his move to Caswell County,
N.C.

The wife of Isham in this census record clearly could not have the
mother of all of Isham's children as she is only 5 years older than the
oldest child listed and with a 40 year age difference between Isham and
his wife Elizabeth G. Moore, Isham certainly had a previous marraige
from which these older children came from. Isham Phelps and Elizabeth G.
Moore were married in Person County, N.C. on December 12th, 1849,
witnessed by Ambrose and Elizabeth Jones (Person County N.C. Marraige
Records). The old Phelps homeplace in Person Co., the home of Thomas H.
Phelps, 1st cousin to Isham, was just across the road from the Jones
family during this time. The old Phelps homeplace is at the intersection
of Jones Road and Ragland Road in present day,although nothing remains
of the old house, the Cemetery is cared for, some old barns still stand
and the log cabin where my father was born in 1928 stubbornly remains
standing.

Isham's second wife Elizabeth G. Moore was a descendant of the Pass
Family. She was the daughter of Edward H. Moore and Cessily Pass,
grandaughter of Nathaniel Pass Jr. and Milley Tapley, and
great-granddaughter of Nathaniel Pass Sr. and Alsey McGinniss. Mary Pass
who married Thomas Phelps Sr., was a daughter of Nathaniel Pass Sr. and
the Great-Aunt of Elizabeth G. Moore. Because of this my 2nd
Great-Grandfather, Thomas H. Phelps, was 1st cousin to both Isham Phelps
and his wife Elizabeth G. Moore. In addition to this Elizabeth G.
Moore's husband Edward H. Moore's Parents were Jessie Moore and Sallie
Pass. Sallie Pass was the sister of Mary Pass, who married Thomas Phelps
Sr. Nothing like keeping it in the family !!

In 1831 Isham Phelps of Halifax Co. Va., purchased land from Thomas
Phelps Sr. of Person Co. N.C. The land was in Caswell Co. N.C. and was
the former home place of Thomas Phelps Sr. as he had moved to Person Co.
sometime between 1826 and 1831.

Thomas Phelps to Isham Phelps
Caswell County, North Carolina
Land Deed November 22nd 1831
Page 143

This Indenture made this 22nd day of November in the year of our Lord
one thousand eight hundred and thirty one between Thomas Phelps of the
County of Person and State of North Carolina of the one part and Isham
Phelps of the County of Halifax and State of Virginia of the other part.
Witnesseth that the said Thomas Phelps for and in consideration of two
hundred and four dollars to him in hand paid by the said Isham Phelps
the receipt whereof is hereby acknowledged, hath give granted bargained
and sold and by these presents doth give grant bargain sell and convey
to the said Isham Phelps a certain tract or parcel of Land lying and
being in the County of Caswell and State aforesaid.

Beginning at a small Black Gum on Brandon’s Road and running thence West
twenty three chains and 50 links to pointers near a _____ Red Oak,
thence North with an old line thirty four chains and 50 links to a
______ Sour Wood Stump, thence East with William B. Pulliam’s line
thirty two chains and 50 links to said Road, thence with the Road as it
meanders thirty seven chains and 25 links to the beginning including the
said Thomas Phelps old Mansion House and containing one hundred and two
acres.

And the said Thomas doth hereby covenant with the said Isham that he
will warrant and forever defend the above bargained Land and premises
from and against all claims of any nature whatsoever to the proper use
and benefit of him the said Isham Phelps his heirs and assigns forever.

In Witness whereof this Thomas Phelps hath hereunto set his hand and
seal the day and year above written.

His
Thomas x Phelps
Mark

Sealed & Delivered in the Presence of:
James Rainey
Jos. Pulliam

Transcribed By: Latham Mark Phelps 2004

In 1832 Thomas Phelps Sr. sold another tract of land in Caswell Co. N.C.
To his nephew Isham Phelps, perhaps his last remaining land in Caswell
County as he is now living in and acquiring land in Person Co.

Thomas Phelps to Isham Phelps
Caswell County, North Carolina
Land Deed December 20th 1832
Page 367

This Indenture made this 20th day of December in the year of our Lord
one thousand eight hundred and thirty two, Between Thomas Phelps of the
County of Person and State of North Carolina of the one part, and Isham
Phelps of the County of Halifax and State of Virginia of the other part.
Witnesseth that the said Thomas Phelps for and in consideration of the
sum of Two hundred and sixty four dollars to him in hand paid by the
said Isham Phelps, the receipt whereof is hereby acknowledged, hath
given granted bargained and sold, and by these presents doth give grant
bargain sell and convey to the said Isham Phelps, A certain tract or
parcel of Land situate lying and being in the County of Caswell on the
waters of Mill Creek.

Beginning at a Spanish Oak and running thence North 87 chains and 80
links to branch which separates it from Barthus J. Crawley’s land,
thence up the said branch about fifty chains to a corner of the said
Isham Phelps land, thence with his line south 84 chains and 80 links to
pointers by a leaning Oak, thence West 46 chains and 30 links to the
beginning, Containing One hundred and thirty two acres more or less.

And the said Thomas Phelps doth hereby covenant with the said Isham
Phelps that he will warrant and forever defend the above bargained land
and premises from and against all claims whatsoever to the only proper
use and of him the said Isham Phelps his heirs and assigns forever.

In Witness whereof the said Thomas Phelps hereunto Set his hand and seal
the day and year above written.

His
Thomas x Phelps {Seal}
Mark

Sealed and Delivered In the presence of:

James Rainey
Jno. P. Rainey

Transcribed By: Latham Mark Phelps 2004

With these two land purchases Isham Phelps had established his homestead
on the former homeplace of his uncle, Thomas Phelps Sr. This was 10
years before his father, Reuben Phelps, Will was probated in 1841 and 6
years after the death of his brother Martin Phelps in 1825. Isham Phelps
was approx. 41 years old at the time of the 1831 Deed. Based on the 1850
Census, none of the children listed in the household had been born at
the time of this Deed as the oldest child in the Census was Robert (
Robert Calvin Phelps). With Isham being 41 years old he certainly could
have had older children who could have left home, married etc. before
the 1850 Census. The name of his first wife remains unknown at this time
and perhaps came from Halifax Co. Va. as Isham was living there when he
"came of age". Regardless, Isham was now about to or preparing to, make
his home in Caswell Co. N.C. and leave Halifax Co. Va. where the rest of
his immediate family lived.

Thirty years later, in 1861, Isham Phelps and his wife Elizabeth, sold
the remaining property in Halifax Co. Va. to George H. Connally

This Deed made the the twenty seventh day of December, one thousand
eight hundren and sixty, between Isham Phelps and Elizabeth Phelps his
wife of the County of Caswell and State of North Carolina of the one
part and George H. Connally of the County of Halifax and the State of
Virginia of the other part. Witnesseth for and in consideration of the
Sum of Three Hundred & Fifty Dollars to them in hand paid by the said
George H. Connally, doth grant bargain and sell unto the said George H.
Connally, all his right title and interest to a certain Tract of Land
which accrues to him by the Will of his Father, Reuben Phelps and
supposed to contain One Hundred and Twenty Five Acres more or less lying
in the County of Halifax and State of Virginia. The said Isham Phelps
and Elizabeth Phelps his wife doth covenant and agree with the said
George H. Connally to warrant a peaceful posession to the said tract of
land free from the claim of all persons whatever. In witness thereof the
said Isham Phelps and Elizabeth Phelps his wife hath hereunto set there
hands and affix there seals the day and year above written.

Isham Phelps--{Seal}
her
Elizabeth x Phelps
mark

Halifax County to Wit ;

I, Jno. G. Brandon, a Justice of the Peace for the
County aforesaid do certify that Isham Phelps whose name is signed to
the writing within bearing date on the 27th day December 1860 has
acknowledged the same before me in my County aforesaid. Given under my
hand this 27th December 1860. Jno. G. Brandon--J.P.

State of Virginia Halifax County to Wit ;

We, John G. Brandon and Mark M. Stanfield, Justices
of the Peace for the County aforesaid do certify that Elizabeth Phelps
the wife of Isham Phelps, whose names are signed to the writing within
bearing date on the 27th day of December 1860 personally appeared before
us in the County aforesaid and being examined by us privily and apart
from her husband and having the writing aforesaid fully explained to
her, She the said Elizabeth Phelps acknowledged the said writing to be
her Act & Deed and declared that she had willingly Executed the Same and
does not wish to retract it. Given under our hands this 27th day of
December 1860.

Jno. G. Brandon--J.P.
Mark M. Stanfield--J.P.

Halifax Clerks Office--January 28th 1861
The within written deed was presented in the Clerks Office and upon
certificates thereon endorsed admitted to record According to Law

Teste: Wm. S. Holt--C.H.C.

TRANSCRIBED BY: Latham Mark Phelps—2006

I will continue this saga at a later date with more on the trail of
Isham Phelps and his descendants In Caswell County, N.C.

QUESTIONS THAT STILL REMAIN:

1) Who was the wife of Reuben Phelps Sr.?
2) Who was the 1st wife of Isham Phelps?
3) Who was the John P. Phelps who purchased at the Estate Sale of Martin
Phelps?
4) Who was Robert Phelps with deed records in Caswell County and
Mentioned in Deed From Josiah Oliver to Martha Phelps in Halifax co.,
Va.?
5) Who were the Parents of Nicey M. Phelps Oliver?
6) Who were the Parents of Reuben M. Phelps?